As we reported in our January 2015 FTR Now, significant reforms to the general holiday pay provisions of Part III of the Canada Labour Code come into force effective March 16, 2015. Federally regulated employers are reminded that the amendments include the introduction of a new “holiday pay” formula and the elimination of certain qualifying requirements….
Tag: Canada Labour Code
Federal Court of Appeal Breaks the Tie: Without Cause Dismissals Permitted Under Canada Labour Code
The Federal Court of Appeal has acted as a “tie-breaker” on a “nagging legal point” as to whether Part III of the Canada Labour Code (“Code”) permits dismissals on a without cause basis. In Wilson v. Atomic Energy of Canada Limited, the Court unanimously held that it does, bringing welcome clarity to an area of…
New Federal Holiday Pay Formula Effective March 16, 2015
Effective March 16, 2015, significant reforms to the general holiday provisions of Part III of the Canada Labour Code will come into force. The amendments include the introduction of a new “holiday pay” formula and the elimination of certain qualifying requirements. In this FTR Now, we highlight key aspects of these pending changes and the…
Elimination of Federal Card Check Union Certification and a Lower Threshold for Union Decertification Votes
Effective June 16, 2015, significant reforms to the existing federal union certification and decertification processes will come into effect as a result of key amendments to the Canada Labour Code, the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act. These amendments were enacted by Bill C-525, Employees’ Voting Rights Act, Private…
Significant Reforms to Federal Union Certification and Decertification Regime
On December 16, 2014, Bill C-525, Employees’ Voting Rights Act, received Royal Assent. This omnibus legislation amends the Canada Labour Code (“Code”), the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act to significantly reform the existing federal union certification and decertification processes under these three statutes. Of particular note to…
Amendments to Federal Health and Safety Regime in Force October 31, 2014
Important amendments to the health and safety regime in Part II of the Canada Labour Code (the “Code“), contained in the Economic Action Plan 2013 Act No. 2 (the “Act“), come into force on October 31, 2014. Among other things, the Act will amend the definition of danger which is central to the right of…
Court of Appeal Dismisses Overtime Eligibility Class Action Certification Appeal
On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…
Amendments Made to Federal Occupational Health and Safety Regulations
The federal government has registered two amending regulations made under the Canada Labour Code: Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program) and Regulations Amending the Canada Occupational Health and Safety Regulations (Miscellaneous Program) (“Regulations”). The purpose of the Regulations is, among other things, to clarify inconsistencies between their French…
No Jurisdiction to Determine Unjust Dismissal Complaint Where Employee Terminated Without Cause Pursuant to Employment Contract
In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…
Canada Labour Code Amendments (Bill C-45) to Come into Force April 1, 2014
Effective April 1, 2014, much-anticipated amendments to the Canada Labour Code (“Code“) first outlined in Bill C-45, the Jobs and Growth Act, 2012, will come into force. The amendments will implement a statutory framework for complaints relating to unpaid wages and other alleged violations of the Code, its regulations or orders made under Part III….